The Portuguese Public Security Police (PSP) stated on Monday that it is committed to fulfilling the recent ruling by the Lisbon Administrative Court concerning housing protests. PSP spokesperson Sérgio Soares announced during a press conference at the institution's headquarters that the police have already been acting in accordance with the decision and attempted to negotiate the maintenance of a symbolic number of tents.
Soares emphasized that the judge's decision is clear: there cannot be a generalized or massified camp in Rossio Square. The court accepted the symbolism of a single tent belonging to the applicant, an interpretation also shared by the Ministry of Internal Administration. Any other situations will be evaluated on-site based on the specific context, ensuring that fundamental rights such as free circulation, press freedom, and the right to rest between 0:00 and 6:30 are not undermined.
The police spokesperson noted that the PSP had been trying to reach an understanding with protesters in both Lisbon and Porto through dialogue, proposing the maintenance of a symbolic number of tents in Rossio Square and Praça D. João I. Soares claimed that the protesters did not demonstrate the capacity to respond to this proposed dialogue. He reiterated that the police aim to balance freedom, security, and the right to manifest without conflicting with other fundamental rights.
When asked to specify what constitutes an acceptable symbolic number of tents, Soares declined to provide a concrete figure. He insisted that the number must not jeopardize other rights and will depend on a dynamic risk assessment at any given moment. He described the police proposal as reasonable, noting that dialogue had already led to an agreement in Porto where protesters were allowed to stay past 0:30 but removed their tents and structures during the early morning hours upon police request.
The court ruling, issued on Sunday, determined that the 0:30 limit for demonstrations is not absolute or automatic. It authorized a specific protester, Renata Cambra, to remain overnight in Rossio Square with a tent until November 24, when the State Budget is voted on, provided the Christmas Market scheduled for the square is respected. The court ordered the PSP and Lisbon Municipal Police to refrain from dispersal or removal measures against this citizen if she exercises her rights within the decreed limits.
The judgment resolved an injunction filed by Cambra against the Ministry of Internal Administration and the Lisbon Municipality. However, the court did not assess the legality of collective occupation of Rossio Square nor recognize a general right for an indeterminate number of participants to set up tents in public spaces. While abstaining from analyzing police intervention legality, the court highlighted that a blanket prohibition on all demonstrations after 0:30 without considering specific characteristics likely fails the principle of proportionality.
In response, the Ministry of Internal Administration clarified that the ruling does not recognize a general right to install tents in public space and is limited to the specific individual case of Renata Cambra. Additionally, Soares addressed fines issued to drivers who honked in support of the protests in Lisbon on Sunday night. He admitted that while an administrative infraction likely occurred, he personally believes the police should not have acted in that specific instance, adding that such events are unlikely to recur.
Sources: Observador.